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StillWaiting001

Changing jobs after getting I-140 approval

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Facts:

1. I work for company A and have my I-140 approved with them. My H1b 6 years end in september.

2. I still have to apply for my 3 year extension.

3. I need to change my employer to company B

Questions:

1. Should I apply for my 3 yr H1b extension with company A and then switch over to Company B? In that case, will company B have to file for Labor, I-140 all over again before they file for my H1b extension?

2. Is my 3 yr extension on H1b from company A valid for me to work in company B?

3. Will the company B have to file for an extension after company A files for an extension? Or can I just get an extension from company A and do a H1 transfer to company B?

I am really confused on how this pans out. I need to switch to company B, but I am not sure how the whole extension thing will work out.

My understanding:

If company B needs me, then they will have to transfer my H1, then file for labor & I-140 all over again before they can ask for a 3yr extension on H1b, right? Because I can only get a 3yr extension from company B, if they have an approved I-140 for me, right? And all this needs to be done before september of this year, right?

Please advise.

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I am confused, which fact is incorrect? lol

I guess you are talking about #2. An approved I-140 does not mean I have an automatic 3yr extension, 'I still have to apply for my 3 year extension'.

The facts quotted by me is my current situation, I cant see how they can be incorrect.

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Your definition of facts is obviously not the same as the one I am using. In regard to your questions 1. Based on an approved I-140 you are entitled to 3 year extensions of the H1 beyond the 6 years with ANY H1 SPONSOR. This 3 year extension stands even were the I-140 to be revoked subsequently. B will have to file for PERM, I-140 if they want to sponsor your GC and since I assume A will not be a happy camper if you dump them willy-nilly they will revoke the I-140. 2. See the reply to 1. Your question #2 is not relevant . 3. NOT NECESSARY. If you want to work for B and you have an approved I-140 with ANY EMPLOYER , B needs to file a H1 petition for you and get it approved. The word "transfer' is a misnomer. B can ask for a 3 year H1 extension based on the approved I-140 with A. B can file a GC for you if they want. That has no connection to the 3 years in H1 status possible with B based on the approved I-140 you have.

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I am in my 6th year of H1B visa ending in Sep 2013.I got my I-140 approved in May 2013.I am seeing a possible layoff.I want to know that with the approved I-140 what are the options available to me:

1) Can I get a job in another company if I find h1b sponsor company?

2) Is there a certain time frame when I have to find a job?

3) Will my priority date will stay the same even when I got a job in another company?

4) Do I have to get PERM and I-140 approval again?

Please help me out.Thanks.

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1. Yes

 

2. The sooner the better. A few days and you may get an I94 with approval if lucky and more than that you will need CP if the petition is approved.

 

3. Yes

 

4. Yes, Talk to the first company.

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